FERC Extends Deadline for Comments on Resiliency Proceeding

On March 20, 2018, FERC extended the time for entities to submit reply comments to the filings submitted by the Regional Transmission Organizations (“RTOs”) and Independent System Operators (“ISOs”) in the new grid resiliency proceeding. Several trade associations requested additional time to respond to the “significant” comments that the RTOs/ISOs submitted to FERC, pertaining to the resilience of the bulk power system in their regions.

On September 29, 2017, the Department of Energy (“DOE”) proposed a rule for final action by FERC (see October 2, 2017 edition of the WER). In the proposed rule, the DOE urged FERC, in advance of the winter season, to enact rules that required RTOs/ISOs to provide just and reasonable rates for “fuel-secure” generation units (e.g., coal and nuclear units) to ensure the resilience of the bulk power system. On January 8, 2018, FERC terminated the DOE’s proposed rulemaking proceeding, and instead initiated a new proceeding whereby FERC planned to collect information on resilience from RTOs and ISOs (see January 17, 2018 edition of the WER). In that order, FERC directed the RTOs/ISOs to submit information on certain identified resilience issues within 60 days and allowed other interested parties to file reply comments within 30 days thereafter.

On March 14, 2018, several trade associations asked FERC for more time to file reply comments to the RTOs/ISOs. These parties argued for more time because, they said, the original RTO/ISO filings in the new proceeding are “significant and will require substantial time and effort…to digest and analyze.” In granting the request, FERC stated that it “believes our work on this matter will benefit from a robust record and as much relevant information and thoughtful input as possible.” Indeed, FERC reasoned that it was important that it make the best decision “on the best available information” and “extending the time for comments will help us achieve those objectives.” Therefore, FERC extended the deadline for interested parties to submit comments by 30 days, to May 9, 2018.

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